[HISTORY: Adopted by the Board of Trustees of the Village of Old
Field 6-14-1977 as L.L. No. 1-1977. Amendments
noted where applicable.]
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this chapter shall have the same
meaning as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
No decision to carry out or approve an action, other than an action listed in § 26-4 hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by the Board of Trustees or by any department, board, commission, officer or employee of the village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that nothing herein shall be construed as prohibiting:
A.
The conducting of contemporaneous environmental, engineering,
economic, feasibility or other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for actions which do
not commit the village to approve, commence or engage in such action.
B.
The granting at any part of an application which relates
only to technical specifications and requirements, provided that no such partial
approval shall entitle or permit the applicant to commence the action until
all requirements of this chapter and Part 617 of Title 6 of the New York Codes,
Rules and Regulations have been fulfilled.
Consistent with Part 617 of Title 6 of the New York Codes, Rules and
Regulations and the criteria therein, the following actions, in addition to
those listed in Section 612.12 of Title 6 of the New York Codes, Rules and
Regulations as Type I actions are likely to have a significant effect on the
environment:
A.
Any construction on or alteration of the banks, beaches,
bluffs or slopes along the shorelines in the village which would cause or
tend to cause an increase in the erosion.
B.
Any construction on or alteration of the grass-covered
sand dunes lying between mean high tide and the sea bluffs or lying between
mean high tide and 300 feet back on level or nearly level beach areas which
would cause or tend to cause destruction of or any ecological damage to any
banks, beaches, bluffs or slopes along the shorelines in the village, whether
such destruction is occasioned by increased erosion, increased human abuse
or otherwise.
C.
Any regular, long-term, home or industrial process which
uses ground seepage as a means for fluid disposal (other than the normal disposal
of normal household waste fluids) of a nature that would impair or degrade
the quality of the groundwater.
D.
Construction, maintenance or conversion of any building
or facility, the use of which would regularly generate more than 50 cars per
eight-hour period on the roads within the village.
E.
The installation or use of any permanent facility whose
regular operation would cause significant air pollution or unreasonable or
unusual noise levels beyond the boundaries of the property upon which the
same is located.
F.
Any construction which would result in areas of impervious
surface in excess of 30% of any individual parcel of real property.
G.
Construction of buildings or roads on slopes greater
than 15%.
Consistent with Part 617 of Title 6 of the New York Codes, Rules and
Regulations and the criteria therein, the actions listed in Section 617.12
of Title 6 of the New York Codes, Rules and Regulations as Type II actions,
are deemed not to have a significant effect on the environment.
For the purpose of assisting in the determination of whether an action
may or will not have a significant effect on the environment, applicants for
permits or other approvals shall file a written statement with the Board of
Trustees of the Village of Old Field, setting forth the name of the applicant;
the location of the real property affected, if any; a description of the nature
of the proposed action; and the effect it may have on the environment. In
addition, applicants may include a detailed statement of the reasons why,
in their view, a proposed action may or will not have a significant effect
on the environment. Where the action involves an application, the statement
shall be filed simultaneously with the application for the action. The statement
provided herein shall be upon a form prescribed by resolution by the Board
of Trustees of the Village of Old Field and shall contain such additional
relevant information as shall be required in the prescribed form. Such statement
shall be accompanied by drawings, sketches and maps, if any, together with
any other relevant explanatory material required by said Board.
A.
The Board of Trustees shall render a written determination
on such application within 15 days following receipt of a complete application
and statement; provided however, that such period may be extended by mutual
agreement of the applicant and the Board. The determination shall state whether
such proposed action may or will not have a significant effect on the environment.
B.
The Board may hold informal meetings with the applicant
and may meet with and consult any other person for the purpose of aiding it
in making a determination on the application.
The time limitations provided in this chapter shall be coordinated with,
to the extent practicable, other time limitations provided by statute or local
law, ordinance or regulation of the village.
Every application for determination under this chapter shall be accompanied
by a reasonable fee set forth in this section to defray the expenses incurred
in rendering such determination. The fees shall be determined pursuant to
Section 617.11 of the New York Codes, Rules and Regulations.
A.
If the Board determines that the proposed action is not
an exempt action, not an action listed in § 2.6-4 hereof or Section
617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II
action and that it will not have a significant effect on the environment,
the Board shall prepare, file and circulate such determination as provided
in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations,
and thereafter the proposed action may be processed without further regard
to this chapter.
B.
If the Board determines that the proposed action may
have a significant effect on the environment, the Board shall prepare, file
and circulate such determination as provided in Section 617.7(b) of Title
6 of the New York Codes, Rules and Regulations, and thereafter the proposed
action shall be reviewed and processed in accordance with the provisions of
this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Following a determination that a proposed action may have a significant
effect on the environment, the Board shall, in accordance with the provisions
of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
A.
In the case of an action involving an applicant, immediately
notify the applicant of the determination and shall request the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement.
B.
In the case of an action not involving an applicant,
shall prepare a draft environmental impact statement. If the applicant decides
not to submit an environmental impact report, the Board shall prepare or cause
to be prepared the draft environmental impact statement or, in its discretion,
notify the applicant that the processing of the application will cease and
that no approval will be issued. The Board may require an applicant to submit
a fee to defray the expense to it of preparing a draft environmental impact
statement or reviewing same if it is prepared by the applicant. Such fees
shall be determined pursuant to Section 617.11 of the New York Codes, Rules
and Regulations.
Upon completion of a draft environmental impact statement prepared by
or at the request of the Board, a notice of completion containing the information
specified in Section 617.7(d) of Title 6 of the New York Codes, Rules and
Regulations shall be prepared, filed and circulated as provided in Section
617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
In addition, it shall be published in a newspaper having general circulation
within the village, and a copy thereof shall also be posted on a signboard
of the village. Copies of the draft environmental impact statement and the
notice of completion shall be filed, sent and made available as provided in
Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
If the Board determines to hold a public hearing on a draft environmental
impact statement, notice thereof shall be filed, circulated and sent in the
same manner as the notice of completion and shall be published in. a newspaper
having general circulation within the village at least 10 days prior to such
public hearing. Such notice shall also state the place where substantive written
comments on the draft environmental impact statement may be sent and the date
before which such comments shall be received. The hearing shall commence no
less than 15 calendar days nor more than 60 calendar days of the filing of
the draft environmental impact statement, except as otherwise provided where
the Board determines that additional time is necessary for the public or other
agency review of the draft environmental impact statement or where a different
hearing date is required under other applicable law.
If, on the basis of a draft environmental impact statement or a public
hearing thereon, the Board determines that an action will not have a significant
effect on the environment, the proposed action may be processed without further
regard to this chapter.
Except as otherwise provided herein, the Board shall prepare or cause
to be prepared a final environmental impact statement in accordance with the
provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations,
provided, further, that if the action requires an application, the Board may
direct the applicant to prepare the final environmental impact statement.
Such final environmental impact statement shall be prepared within 45 days
after the close of any hearing or within 60 days after the filing of the draft
environmental impact statement, whichever last occurs; provided, however,
that the Board may extend this time as necessary to complete the statement
adequately or where problems identified with the proposed action require material
reconsideration or modification. Where the action involves an application,
such final environmental impact statement shall be accompanied by the fee
determined to be due pursuant to Section 617.11 of the New York Codes, Rules
and Regulations to defray the expenses of the village in preparing and/or
evaluating same.
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement by the Board or by any other agency
shall be made until after the filing and consideration of the final environmental
impact statement. Where the Board has been the lead agency for an action,
it shall make a decision whether or not to approve the action within 30 days
of the filing of the final environmental impact statement.
When the Board decides to carry out or approve an action which may have
a significant effect on the environment, it shall make the following findings
in a written determination:
A.
Consistent with social, economic and other essential
considerations of state policy, to the maximum extent practicable from among
the reasonable alternatives thereto, the action to be carried out or approved
is one which avoids or minimizes adverse environmental effects, including
the effects disclosed in the relevant environmental impact statements.
B.
All practicable means will be taken in carrying out or
approving the action to avoid or minimize adverse environmental effect.
For public information purposes, a copy of the determination shall be
filed and made available as provided in Part 61.7 of Title 6 of the New York
Codes, Rules and Regulations.
The village shall maintain files open for public inspection of all notice
of completion, draft and final environmental impact statements and written
determinations prepared or caused to be prepared by the Board.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes,
Rules and Regulations shall be followed.
Actions undertaken or approved prior to the dates specified in Article
8 of the Environmental Conservation Law for local agencies shall be exempt
from this chapter and the provisions of Article 8 of the Environmental Conservation
Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations;
provided, however, that if, after such dates, the Board modifies an action
undertaken or approved prior to that date and the Board determines that the
modification may have a significant adverse effect on the environment, such
modification shall be an action subject to this chapter and Part 617 of Title
6 of the New York Codes, Rules and Regulations.
